Updates on Use Requirements for Trademark Registrations in the Philippines

The Intellectual Property Office of the Philippines (IPOPHL) recently announced changes to the filing of Declaration of Actual Use (DAU) for registered marks.

On 7 July 2017, the Registry issued Memorandum Circular No. 17-010 (IPOPHL MC No. 17-010; Subject: Rules and Regulations on Trademarks, Service Marks, Trade Names and Marked or Stamped Containers of 2017) which took effect on 1 August 2017.

In summary, pursuant to this Memorandum, the DAU form must be filed at the following milestones:

Within three (3) years from the date of filing of the trademark application;

Within one (1) year from the fifth (5th) anniversary of the registration of the mark; and

Within one (1) year from the date of renewal; and

Within one (1) year from the fifth (5th) anniversary of each renewal.

The new requirement of filing the DAU within one (1) year of renewal only applies to registered marks that are due for renewal on or after 1 January 2017, regardless of the filing date of the Request for Renewal.

The Submission of the DAU within one (1) year from the date of renewal is required for purposes of maintaining the registration.